Michael A. Cyphert

Mike’s specific industry experience includes appliance manufacturing, automotive, bakeware, building products, chemicals, construction, highway construction, foundries, metal working, solid waste disposal, construction and demolition debris disposal, environmental consultants, secondary magnesium, primary aluminum, aluminum rolling and manufacturing, pesticide application, primary titanium, titanium manufactured products, rubber products, rubber recycling, ferrous and non-ferrous metal recycling, reinforced plastic composites, steel, waste management and waste water treatment.

Mike has also provided counsel in numerous administrative, licensing, adjudicatory and appellate proceedings before state and federal agencies, coordinated legislative and regulatory initiatives for individual companies and trade organizations, counseled clients regarding pollution control options, and evaluated substitute energy resources for pollution reduction.

Mike lectures to a number of groups, including Continuing Education Seminars for the National Business Institute and various Bar Associations on a variety of topics, including Environmental Issues in Ohio Real Estate and Business Transactions, Recent Developments in Private Cost Recovery under CERCLA, and Disposal of Construction and Demolition Debris in Ohio . He is listed in Best Lawyers in America, Who’s Who in American Law, 8th Edition, Chambers USA: America's Leading Lawyers ,Ohio Super Lawyers and is admitted in the Society of Benchers.

Mike concentrates his practice on environmental counseling and litigation, environmental crimes, strategic planning and analysis of environmental compliance and energy issues, strategic planning in acquisitions and divestitures and evaluation of environmental due diligence investigation, litigation of toxic torts, energy and other governmental regulatory issues. His representative matters include:

Areas Of Emphasis

• Defense of federal and state civil and criminal environmental enforcement actions
  
  
• Lead counsel in defense of owners and operators of land disposal facilities
  
  
• Counsel for the construction and demolition debris disposal industry
  
  
• Counsel for industrial group defendants in Superfund litigation
  
  
• Common counsel in Superfund cost recovery actions
  
  
• Lead counsel for cost recovery action against consultant for negligent environmental counseling
  
  
• Cost recovery actions for design defect claims against Municipal Waste Water Treatment facilities
  
  
• Lead counsel for contract disputes involving historical environmental damage and liability among successive owners of contaminated properties
  
  
• Defense of enforcement actions under RCRA, TSCA, Clean Water Act, and Clean Air Act
  
  
• Representation of municipalities and public entities in land use disputes involving solid waste transfer and disposal facilities
  
  
• Lead counsel in defense of new source review enforcement case
  
  
• Defense of product liability claims involving asbestos
  
  
• Defense of Removal Orders by Army Corps of Engineers for filling of wetlands and navigable waters
  
  
• Participation in background investigation for solid waste permits
  
  
• RCRA corrective actions
  
  
• Hazardous communication, community right-to-know, toxic release reporting for manufacturing and chemical production facilities
  
  
• Underground storage tank closures and clean up
  
  
• OSHA inspections and penalty negotiations
  
  
• Defense of environmental criminal cases involving air pollution, Title V reporting, water discharges, and claims of improper handling and disposal of hazardous waste
  
  
• Actions for recovery of compensation and lost profits under the Oil Pollution Act
  
  
• Regulatory Counseling/Permitting
  
  
• Coordination of Legislative and Regulatory initiatives on behalf of individual companies and trade organizations
  
  
• Lead counsel in numerous administrative, licensing, adjudicatory and appellate proceedings before state and federal agencies
  
  
• Extensive counseling regarding the licensing and operation of solid waste and construction and demolition debris facilities
  
  
• Appeal of denial of scrap tire transporter license
  
  
• Strategic planning for Individual and Nationwide Permits to fill wetlands and jurisdictional waters
  
  
• Resolution of zoning and land use controversies
  
  
• Business transactions involving environmental issues
  
  
• Structuring and allocation of environmental risks in business transactions
  
  
• Evaluation of insurance mechanisms to address short and long-term environmental liability risks
  
  
• Counseling business entities regarding redevelopment of Brownfield sites
  
  
• Counseling business entities regarding long-range pollution control options
  
  
• Evaluation of availability of substitute energy resources for pollution reduction
  
  
• Prospective Purchaser Agreements for contaminated sites

Professional & Community Associations

• American Bar Association - Litigation and Environmental, Energy and Resources Sections
  
  
• Ohio State Bar Association - Environmental Law Committee
  
  
• Federal Bar Association - Environmental Law Section
  
  
• Cleveland Bar Association – Environmental Law Committee
  
  
• Defense Research Institute - Toxic Tort and Environmental Law Committee
  
  
• Case Western Reserve University School of Law – past Adjunct Lecturer, 1976-1990, Energy and Environmental Law

Awards & Recognition

• AV rated by Martindale-Hubbell
  
  
• 2006 - Recognized in the May 2006 edition of Corporate Counsel Magazine: Best Lawyers - Environmental Law
  
  
• Included in the 2008 edition of "Best Lawyers in America", which marks over twenty years as a Best Lawyer.  Environmental Law
  
  
• National Register’s Who’s Who in American Law - 8 th Edition
  
  
• 2005 - 2008: Law & Politics Magazine Ohio Super Lawyer:Environmental Law; Environmental Litigation
  
  
• 2002 - 2007: Chambers USA: America’s Leading Lawyers. Natural Resources & Environment
  
  
• 2002 - Admitted to the Society of Benchers at Case Western Reserve University of Law

Articles by Michael A. Cyphert

June 2005 - Client Alert on Environmental Law:  Toxic Release Inventory Data Due July 1